HomeMy WebLinkAboutCentex Homes-Conservation Easement-1999 08 17
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,ECORDED & VERIFICU
999 ~UG '11 PH 2: 59
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
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~ WafYNlIU Yorl... C rk Sllmlnole
Burgess N. Trank, Jr., Esq.
~ Centex Homes
~J 385 Douglas A venue, Suite 1000
Altamonte Springs, Florida, 32714
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D.C.
For Recording Purposes Only
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is made this ~day of August, 1999 by
CENTEX HOMES, a Nevada general partnership having an address at 385 Douglas Avenue, Suite
2000, Altamonte Springs, Florida 32714 ("Grantor"), in favor of the ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida
Statutes, having a mailing address at Post Office Box 1429, Pal atka , Florida 32178-14t.9
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WHEREAS, Grantor owns in fee simple certain property located in Seminole CoUl~, -.J
Florida, as more particularly described in Exhibit A attached hereto and incorporated herein by this CO
reference (the "Property"); W
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WHEREAS, the Property is part of a larger tract of land to be developed by Grantor as the
Wagner Station PlatUled-Unit Development, a/kJa Parkstone, in accordance with plans approved by
the goverrunental authorities having jurisdiction thereof;
WHEREAS, the Property abuts the waters of Lake Jessup, and extends into the historic
lakebed;
WHEREAS, Grantor grants this Conservation Easement as a condition of permit number 4-
1 17-0482ERP issued by Grantee solely to off-set adverse impacts to natural resources, fish and
wildlife, and wetland functions; and
WHEREAS, Grantor desires to preserve the Property in its natural condition in perpetuity
subject to the conditions herein set forth;
NOW THEREFORE, in consideration of the above and the mutual covenants, terms,
conditions and restrictions contained herein, and pursuant to the provisions of section 704.06,
Florida Statutes, Grantor hereby voluntarily grants and conveys to Grantee a non-exclusive
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conservation easement in perpetuity over the g~n~Lqf ~.qa~re and character and to the extent
hereinafter set forth (the "Conservation Easement"). Grantor fully warrants title to said Property,
and will warrant and defend the same against the lawful claims of all persons whomsoever.
1. Purpose. The purpose of this Conservation Easement is to assure that the Property
will be retained forever in its existing natural condition, subject to the conditions herein established,
and to prevent any use of the Property that will impair or interfere with the environmental value of
the Property, except as herein set forth.
2. Prohibited Activities. Any activity on or use of the Property inconsistent with the purpose
of this Conservation Easement and the provisions of section 704.06, Florida Statutes, is prohibited.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited:
(a) Construction or placing of buildings, roads, signs, billboards or other advertising,
utilities, or other structures on or above the ground.
(b) Dumping or placing of soil or other substances or material as landfill, or dumping
or placing of trash, waste or unsightly or offensive materials.
(c) Removing, trimming or destroying trees, shrubs or other vegetation except as is
necessary to construct or maintain boardwalks, piers, docks, decks, platforms or other similar
structures approved by the Grantee for construction and use within the Conservation Easement and
on, over and upon the waters of Lake Jessup.
(d) Excavating, grading, dredging, filling or removing loam, peat, gravel, soil, rock or
other material substances in such a manner as to affect the surface.
(e) Surface use, except for purposes that permit the land or water area to remain
predominantly in its natural condition.
(f) Activities detrimental to drainage, flood control, water conservation, erosion
control, soil conservation, or fish and wildlife habitat preservation.
(g) Acts or uses detrimental to such retention of land or water areas.
(h) Acts or uses detrimental to the preservation of the structural integrity or physical
appearance of sites or properties of historical, architectural, archaeological, or cultural significance.
.3. Reserved Rie:hts. Grantor reserves unto itself, and its successors and assigns, all rights
accruing from its ownership of the Property, including the right to engage in or permit or invite
others to engage in all uses of the Property that are not expressly prohibited herein and are not
inconsistent with the purposes of this Conservation Easement. Without limiting the foregoing,
Grantor expressly reserves the right for itself, its successors and assigns, to construct boardwalks,
piers, docks, decks, platforms and other similar structures approved by Grantee for construction
006.149285.1
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and use within the Conservation Easement, and on, 9y:(}~\?{~~pi:>i1. me. waters of Lake Jessup,
provided that such structures, improvements and uses satisfy the following:
(a) Construction of such boardwalks, piers, docks, decks, platforms and other similar
structures shall not occur over submerged grass beds or wetlands. However. the access walkway
portion of the dock or other structure may traverse these resources, provided it is elevated a
minimum of either five feet above the ordinary high water line or three feet above grade landward
of the ordinary high water line, contains handrails that are maintained in such a manner as to
prevent use of the access walkways for boat mooring or access, and does not exceed a width of six
feet. There shall be a space of one and one-half inches between each deck slat on all docks and
other structures.
(b) There shall be no wet bars or living quarters over wetlands or other surface waters
or on the dock or other structure, and no structure shall be enclosed by walls or doors.
(c) The structure and its use shall not significantly impede navigability in the water
body.
(d) There shall be no dredging or filling associated with construction of the structures
authorized herein other than that required for installation of the actual pilings for the boardwalk,
pier, dock, deck, platform or other similar structure.
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(e) There shall be no fish cleaning facilities, boat repair facilities or equipment, or
fueling facilities on the structures authorized herein. In addition, no overboard discharges of trash,
human or animal waste, or fuel shall occur from any structures authorized herein.
(t) This Conservation Easement shall not authorize the construction of more than one
dock or other similar structure per parcel of land or individual lot. No dock or similar structure
can be constructed within the twenty-five-foot upland buffer located between the wetland areas
within this Conservation Easement and lots on which homes are to be built or have been built. The
structure must begin at the delineated wetland line and extend toward Lake Jessup. However, a
three-foot-wide vegetated path may be maintained through the upland buffer area.
(g) There shall be no removal of trees larger than three inches in diameter at breast
height (OBH) from the Property within the Conservation Easement. During construction of any
dock, boardwalk, pier, deck, platform or other similar structure in conjunction herewith, loss of
native vegetation shall be kept to a minimum and be necessary to build these structures.
(11) Any boardwalk, pier, dock, deck, platform or other structure constructed in
accordance with this section shall also satisfy the requirements of all necessary permits, laws,
ordinances and regulations of the governmental authorities having jurisdiction thereof.
(i) Removal of nuisance and invasive species within the Conservation Easement and
on, over and upon the waters of Lake Jessup with written authorization from the Grantee.
006.149205.1
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4. Rights of Grantee. To accomplish the purpe3es S't'<1tetl flereizr, Grantor conveys the
following rights to Grantee:
(a) To enter upon and inspect the Property in a reasonable manner and at reasonable
times to determine if Grantor or its successors and assigns are complying with the covenants and
prohibitions contained in this Conservation Easement.
(b) To proceed at law or in equity to enforce the provisions of this Conservation
Easement and the covenants set forth herein, to prevent the occurrence of any of the prohibited
activities set forth herein, and to require the restoration of areas or features of the Property that
may be damaged by any activity inconsistent with its Conservation Easement.
5. Grantee's Discretion. Grantee may enforce the terms of this Conservation Easement at its
discretion, but if Grantor breaches any term of this Conservation Easement and Grantee does not
exercise its rights under this Conservation Easement, Grantee's forbearance shall not be construed
to be a waiver by Grantee of such term, or of any subsequent breach of the same, or any other term
of this Conservation Easement, or of any of the Grantee's rights under this Conservation Easement.
No delay or omission by Grantee in the exercise of any right or remedy upon any breach by
Grantor shall impair such right or remedy or be construed as a waiver. Grantee shall not be
obligated to Grantor, or to any other person or entity, to enforce the provisions of this
Conservation Easement.
6. Grantee's Liabilitv. The owner of the fee interest in the Property shall retain all liability
for any injury or damage to the person or property of third parties which may occur on the
Property. Neither Grantor, nor any person or entity claiming by or through Grantor, shall hold
Grantee liable for any damage or injury to person or personal property which may occur on the
Property.
7. Acts Bevond Grantor's Control Nothing contained in this Conservation Easement
shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change
in the Property resulting from natural causes beyond Grantor's control, including, without
limitation, fire, flood, storm and earth movement, or from any necessary action taken by Grantor
under emergency conditions to prevent, abate or mitigate significant injury to the Property or to
persons resulting from such causes.
8. Assi!?:nment. This Easement is transferable, but Grantee may assign its rights and
obligations under this Easement only to an organization that is a qualified organization at the time
of transfer under Section 170(h) of the Internal Revenue Code of 1954, as amended (or any
successor provision then applicable), and the applicable regulations promulgated thereunder, and
authorized to acquire and hold environmental easements under the statutes of the State of Florida
(or any successor provision then applicable). As a condition of such transfer, Grantee shall require
that the environmental purposes that this Grant is intended to advance continue to be carried out.
9. Recordation. Grantor shall record this Conservation Easement in a timely fashion in the
Official Records of Seminole County, Florida, and shall rerecord it at any time Grantee may
require to preserve its rights. Grantor shall pay all recording costs and taxes necessary to record
006.149205.1
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EXHIBIT "A"
SEt1lHOLc co. FL
DESCRIPTION OF PROPERTY SUBJECT TO CONSERVATION EASEMENT
This Conservation Easement consists of three (3) separate but contiguous tracts of land
identified herein as Parcels A, B and C according to the metes and bounds descriptions attached
hereto as follows:
9 :\leg a Il\easement\prkstncon. eas
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PARCEL A
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SEM\HOlt CLI. FL
DESCRIPTION:
That port of Lot A, CHASE AND COMPANYS SUBDIVISION OF
WAGNER, according to the plat thereof, as recorded in Plat Book 6, Page
64, Public Rec~rds of Seminole. County! Florida, described os follows:
Begin at the Southwest .comer of said Lot 7,. Bl.ock 0, O. R. MITCHELL'$
SURVEY OF THE LEVY GRANT ON LAKE JESSUP; thence run
S 8.3"54'55''' W along the South line of said Lot 0, CHASE AND
COMPANY'S SUBDIVISION OF WAGNER, for a distance of 505.62 feet;
thence run N 06"05'05" W for a distance of 735.00 feet; thence run
5 83"54'55" W for a distance .of 144.00 feet; thence run N 06'05'05" W for a
distance of 85.00 feet; thence run S 83'54'55" W for a distance at 360.00
feet; thence run S 86"14'13" W for a distance of 50.04 feet; thence run
N 65"2.3'40" W for a distance of 227.30 feet to a point on the West line of
'Lot D of said CHASE AND COMPANy'S SUBDIVISION OF WAGNER;
thence run N 07'02'15" W along said West line for a distance of 100.00 feet
to the Northwest corner thereof; thence run S 83'28'41" W along the South
line of Lot A of said CHASE AND COMPANy'S SUBDIVISION OF
WAGNER for a distance of 809.39 teet to the Southwest corner thereof;
thence run N 01'00'50" W along the West line ot said Lot A for 0 distance
of 479.85 feet to the POINT OF BEGINNING; thence continue
N 01'00'50" W along said West line for 0 distance of 103.20 feet; thence
leaving said West line run S 54"43'35" E for a distance of 112.45 feet;
thence run S 41'53".31 W for 0 distance of 37~.55 feet; thence run
S 74"51'1.3" W for 0 distance of 36.49 feet; thence run N 90"00'00" W for a
dlstonce o( 18~91 (eet to th.e POINT OF BEGINNING. .
Containing 0.115 acres more or less and beIng subject to any rights-ot-way,
restriction~ and easem.en ts of r~cord.
PARCEL B
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'ESCRIPDON:
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That part of Lot 7, Block C, D. R. MITCHELL'S SURVEY OF THE LEVY
GRANT ON ,LAKE .JESSUP, according to the plat thereof, as recorded in Plat
Book 1, Page 5, Public Records of Seminole County, Florida,
AND:
That part of Lots A,B, and C, CHASE AND COMPANY'S SUBDIVISION OF
WAGNER, according to the plat thereof, as recorded in Plat Book 6, Page 64.
Public Records of Seminole County, Florida,
Described as .follows:
Begin at the Southwest corner of Lot 7, Block 0, D. R. MITCHELL'S SURVEY
OF mE LEVY GRANT ON LAKE JESSUP, according to the plat thereof, os
recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida,
thence run S 83'54'55" W along the South line of Lot 0, of said CHASE AND
COMPANy'S SUBDIVISION OF WAGNER, for a distance of 505.62 feet;
thence run N 06'05'05" W for 0 distance of 735.00 feet; thence run
S 8T54'55" W for a distance of 144.00 feet; thence run N 06'05'05" W for a
distance of 85.00 feet; thence run S 83'54'55" YI for 0 distance of 360.00 feet;
thence run S 86'14'13" W for a distance of 50.04 feet,' thence run
N 65'23'40" W for a distance of 227.30 feet to Q point on the West line of Lot D
of said CHASE AND COMPANy'S SUBDIVISION OF WAGNER; thence run
- . 01'02'15" W along said West line for a distance of 100.00 feet to the
,.Jorthwest corner thereof;. thence run S 83:28'41'" W alo,ng the Soufh line of Lot
A of said CHASE AND COMPANY'S SUBDIVISION OF WAGNER for a
distance of 809.39 feet to the Southwest corner thereof; thence run
N 01'00'50" W along the West line of said Lot A for a distance of 952.95 feet ta
the North line,"of ,the South 952.92 feet of sold Lot A,' thence run N 83'28'41" E
. along said North line for a distance of 20.00 feet to the POINT OF '
BEGINNING; thence con tinue N 83'28'41" E along said North line for a
distance of 477.23 feet to the water's edge of Lake Jessup; said point also being
Reference Poin~ "A"; thenc(}! run Easterly along said water's edge 1990 feet more
or less to a point on said water's. edge lyin'g S 89'44'37" E a distance of'1961.50
feet from said Reference Poin t "A"; thence run the following 45 courses: thence
run S 00'11'02" W for a distance of 63,75 feet; thence run S 75'18'18" W for a
distance of JO.30 feet; thence run S 88'J3'50" W for a distance of 66.24 feet;
thence run S 72'04'44" W for 0 distance of 61.20 feet;. thence run S 35'26'15"
W for 0 distance of 27.48 feet to the point of curvature of a curve concave
Northerly having 0 radius of 25.00 feet; thence run Northwesterly along the 'arc
of said curve through 0 central angle of 111'55'J1" for a distance of 51.45 feet to
the point of tangency; thence run N 20'38'14" W for a distance of 20.18 feet;
thence run S 84'56'18" W for a distance of 9.52 feet; thence run S 69'05'11" W
for a distance of 104.09 feet; thence run S 75'58'40" W for 0 distance of 74.60
feet; thence run N 83'14'01". W for a distance of 95.99 feet; thence run
S 84'11'03" W for a distance of 78.16 feet; thence run S 87'41'02" W for a
distance of 77.28 feet; thence run N 87'35'29" W for a distance of 86.06 feet;
-"'ence fl!.n N 81'37'27" W for 0 distance of 81.66 feet; thence run N
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3707
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,83'29'46" W for a distance of 64.52 feet; thence run 5 15'43'52" W for a
distance of 55.64 feet; thence run S 17'20'11" W for a distance of 79.14 feet;
thence run S 85'26'22" W for a distance of 62.62 feet; thence run
S 52'02'58" W for .a distance of 23.80 feet; thence run S 59'53'02" W for a
distance of 70.40 feet; thence run S 87'36'26" W for a distance of 59.4$ feet;
thence run N 45'05'44" W for a distance of 42.56 feet; thence run
N 56'07'42" W for a distance of 1.25 feet; thence run S 74'40'.30" W for a
distance of 16.72 feet; thence run N 78'34'50" W for a distance of 75,76 feet;
thence run. S 50'22'40" W for a distance of 73.49 feet,' thence run .
N 86'55'55" W.fof. a distance..of 92,84; feet;" thence . run. S 85'14'13" W for a
distance of 71.43 feet; thence run S 81'29'37" W for 0 distance of 155,72 feet;
thence run N 58'47'04" W for a distance of 58.68 feet; thence run
S 72'25'47" W for a distance of 50.05 feet; thence run N 61"09'30" W for a
distance of 84.08 feet; . thence run N 8412'24" W for a distance of 63.43 feet;
thence run S 56".35'53" W for a distance of 64.89 feet; thence run
S 66"47'39" W for a distance of 59.83 feet; thence run S 51'59'21" W for a
distance of 98.58 feet; thence run N 70'00'30" W for a distance of 69.51 feet;
thence run N 88'09'51" W for a distance of 105.92 feet; thence run
S 58'00'49" W for a distance of 70.75 feet; thence run N 84'23'37" W for a
distance of 42.50 feet; thence run S 38'03'21" W for a distance of 28.53 feet;
thence run S 20'52'30" W for a distance of 26.72 feet; thence run
N 54'43'35" W for a distance of 86.16 feet; thence run N 07'00'50" W for a
distance of 360.89 feet to 'the POINT OF BEGINNING.
Coritaining 14.637 acres more or less and being subject to any rights-of-way,
restrictions and easemen ts of record.
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DESCRIPTION: 37 07 \ 7 9 2
That port of Lots 4, 5, 6 and 7, Block ~C", D~~iRjINfiJAfHE&l 'SLSURVE"Y OF
THE LEVY GRANT ON LAKE JESSUP, according to the plat thereof, as
recorded in Pial Book " Page 5, Public Records of Seminole County, Florida,
described os follows:
"0."-'
Commence at the.. Southwest corner of lot 7, Block 0, of said O. R. MITCHELL'S
SURVEY OF THE LEVY GRANT ON LAKE JESSUP; thence run N 07'00'50" W, along the
West line of said Lot 7, Block "0", and the West line of Lot C, CHASE AND
COMPANY'S SUBDIVISION OF WAGNER, Plat Book 6, Page 64, Public Records of
Seminole County, Florida, for a distance .of 1689.24 feet; thence, departing said
West line, run N 82'59'10" E far 0 distance of. 384.23 feet to -the POINT OF .
BEGINNING; thence run N 88'45'44" E for a distance of 82.42 feet; thence run
S 77'02'21" E for a distance of 66.99 feet; thence run $ 88'41'38" E for a
distcnce of 195.89 feet; thence run S 46'13'06" E for a distanc~ of 105.35 feet;
thence run S 35'02'03" W for a distance of 47,89 feet to the point of curvature
of a curve concave Easterly having a radius of 25.00 feet; thence run Souther/y,
along the arc of said curve through a central angle of 52'26'57" for a distance
of 22.89 feet to the point of tangericy; thence run S 17'24'54" [ for a distance of
76.73 feet; thence run S 10'43'54" E for a distance of 65.21 feet; thence run
S 15'15'40" E for 0 distance of 47.44 feet to the point of curvature of 0 curve
concave Northeasterly having 0 radius of 25.00 feet; thence run Southeasterly,
along the arc of said curve through 0 centrar angre of 72'44'23" for a dista')ce
of 31. 74 'feet to the point of tangency. thence run S 88'00'03" E for a distance
of 49.96 feet; thence run N 70'50'56" E for 0 distance of 49.12 feet; thence rur.
S 83'26'35" E for 0 distance of 46.11 feet; thence run N 74'37'18" E for c
distance of 39.60 feet; thence run N 77'24'54" E for a distance of 48.59 feet;
thence run N 53'15'40" E for a distance of 51.63 feet; thence run N 45'29'03" E
for 0 distance of 51,42 feet; thence run N 25'51'15" E for a distance of 8.03
feet; thence run N 64'23'30" [ for 0 distance of 73.24 feet; thence run .
N 70:01'53" E for 0 distance af 24.44 feet; thence run S 80'45'46" E for 0
distance of 23,86 feet to the point of curvature of a curve concave Northerly
having a radius of 25.00 feet; thence run Easterly, along the arc of said curve
through 0 central angle of 51'23'08" for a distance of 22.42 feet to the point
I of tangency; thence run. N 47'51'06" E for a distance of 29,29 feet; th€?nce run
N 41'59'24" E for 0 distance of 3~63 feet; thence run N .70'11'29" [ for a
distance of 73,29 feet; thence run N 81'47'11" E for a distance of 95.94 feet;
thence run N 88'49'13" E for c distance of 79..3.3 feet; thence run S 81'19'16" E
(or a distance of 114,98 feet; thence run S 88'55'26" E for 0 distance of 106.70
feet; thence run S 83'14'12" E for Q distance of 145.25 feet; thence run
N 8: '19'48" E for 0 distance of 29.38 feet; thence .run N 08'40'12" W for a
distance of 84.96 feet; thence run N 81'19'48" E for a distance a( 20.00 feet;
thence run S 08'40'12" E for c distance of 84.96 feet; thence run N 81'19'48" E
(or 0 distance of 32.34 feet; thence run N 74'19'56" [ for 0 distance of 53.36
(eet to the West line of lot J, Block C, of said plat of D. R. MITCHELL'S SURVE"Y
OF THE LEVY GRANT ON LAKE JESSUP; thence run N 06'38'26" W along said West line
(or 0 distance of. 147.39 feet to a Reference Point "A" at the water's edge of
Lake Jessup; thence run Westerly, along said water's edge T68J feet more
or less to 0 point on said water's edge lying N 87"12'45" W a distance of
1651.28 feet from said Reference Point "A", said point being distant 77.04 feet
on a tearing of N 00'11'02" E from the Point of Beginning; thence run
S 00';; '02" W for 0 distance of 77.04 feet to the POINT or BEGINNING.
Containing 6.97 acres more o.r less and being subject to any rights-of-wey.
restrictions ond easemen ts of record.